Gottschalk

The respondent, Ann Twohey, being the owner of certain real estate, attempted to contract with the respondents, Strange and Gottschalk, for the construction of a dwelling-house thereon. The contract price for constructing the house was more than one thousand dollars, and the contract was not in writing, or filed in the recorder’s office. For these reasons it was *643 wholly void. (Code Civ. Proc., secs. 1183,1184.) Strange and Gottschalk subcontracted the construction of the house to one Tittle, who was a party defendant in the court below, but whose death has been suggested in this court. The appellant furnished material for the construction of the building to the subcontractor, Tittle. It did not give any personal notice to the owner of the building that it had furnished the material. Tittle was paid in full before the appellant’s claim of lien was filed. The appellant filed its claim of lien against the building in proper time, and in due form, in which it was stated that Strange and Gottschalk were the original contractors for the construction of the building, and Tittle the subcontractor, and that it had furnished the material to said Tittle, the same to be furnished “ from…